11,313 result(s)
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7,476.
Canada v. Dow Chemical Canada ULC - 2022 FCA 70 - 2022-04-26
Federal Court of Appeal Decisionsof these rules is the adjustment made to certain amounts where a taxpayer and a non-resident person, who are not dealing with each other at arm’s length, have agreed upon terms and conditions that differ from the terms and conditions that would have been agreed upon by persons dealing with each other at arm’s length. [...] Paragraph 247(2)(c) of the ITA provides that the amounts will be adjusted to reflect the terms and conditions that would have been agreed upon by persons dealing with each other at arm’s length. [...] [54] Therefore, the Minister under the UI Act had (and under the EI Act has) the discretion to determine if the employment of a particular person by another person with whom the employee is not dealing at arm’s length is nonetheless insurable employment.
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7,477.
World Fuel Services Corporation v. Nordems (Ship) - 2010 FC 332 - 2010-03-25
Federal Court DecisionsMany deal with priorities arising from a marshal’s sale which did not generate sufficient funds to satisfy all creditors. [...] In this case we are dealing with the reverse situation, but the same principle holds true. [...] I think it fair to say that based on the facts set out in the various cases, the Courts have not been entirely consistent in the manner in which they ascertain the proper law.
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7,478.
Le-Vel Brands, LLC v. Canada (Attorney General) - 2023 FCA 177 - 2023-08-16
Federal Court of Appeal Decisions• The appellant’s assertion that Health Canada had a closed mind and denied it procedural fairness is not borne out by the evidence. [...] [30] The appellant does not challenge the Federal Court’s ruling on the weight to be afforded to the appellant’s affidavit evidence, nor does it pursue its procedural fairness argument. [...] One is that a reviewing court should respect the policy choice made by Parliament to entrust the determination of some issues to administrative bodies, and to give them the opportunity to deal with those issues first.
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7,479.
Frankie's Burgers Lougheed Inc. v. Canada (Employment and Social Development) - 2015 FC 27 - 2015-01-08
Federal Court DecisionsThat entry refers to a dispute that I will deal with separately, in Part IV.C. of these reasons below. [...] [73] The requirements of procedural fairness will vary according to the specific context of each case (Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817, at para 21 [Baker]). [...] e) l’employeur embauchera ou formera des citoyens canadiens ou des résidents permanents, ou a fait ou accepté de faire des efforts raisonnables à cet effet;
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7,480.
Stevens v. Conservative Party of Canada - 2004 FC 1628 - 2004-11-19
Federal Court Decisions[58] The Respondent says that sections 400, 401 and 402 set out the mandate of the CEO in dealing with an application for merger. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] (b) ensure that all election officers act with fairness and impartiality and in compliance with this Act;
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7,481.
Ikhlef (Re) - 2002 FCT 263 - 2002-03-08
Federal Court Decisions(i) soit le juge en chef ou son délégué détermine que les renseignements ne sont pas pertinents ou, s'ils le sont, devraient faire partie du résumé mentionné à l'alinéa (4)b), [...] The issue here is whether the term as used in the Immigration Act is sufficiently certain to be workable, fair and constitutional. [...] [para 52] The provisions deal with subversion and terrorism. The context in immigration legislation is public safety and national security, the most serious concerns of government.
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7,482.
Merck & Co., Inc. v. Canada (Attorney General) - 1999-11-23
Federal Court Decisions5. (1) Lorsqu'une personne dépose ou a déposé une demande d'avis de conformité pour une drogue et souhaite en faire la comparaison, ou faire renvoi, à une autre drogue qui a été commercialisée au Canada aux termes d'un avis de conformité délivré à la première personne et à l'égard de laquelle une liste de brevets a été [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] Also, in that case, the Motions Judge was not dealing with cross-referenced or abbreviated submissions.
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7,483.
Canadian Imperial Bank of Commerce v. The Queen - 2019 TCC 79 - 2019-04-16
Tax Court of Canada Judgments[20] I will now deal with the 2003 Credit Card Agreement which, in summary, included the following provisions: [26] [...] The first deals with the issuance or sale of a gift certificate. The second deals with the subsequent redemption of the gift certificate. [...] It does not, for example, stipulate that it be issued or sold for fair market value consideration or for an amount equal to the face or stated value of the gift certificate.
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7,484.
Kalkat v. Canada (Attorney General) - 2017 FC 794 - 2017-08-31
Federal Court DecisionsThe TRO reassigned the Applicant to EINSET Team 4, dealing with Air India. [...] [87] The Delegate recognized that there was a procedural fairness issue with regards to the Log. The Delegate’s decision regarding Supt. [...] Bond’s breach of procedural fairness does not expressly consider whether the breach had an impact on Supt.
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7,485.
Swift v. Canada (Attorney General) - 2014 FC 1143 - 2014-12-01
Federal Court DecisionsThe process for dealing with minor offences and the decisions arising therefrom may be the subject of a grievance. [...] [66] The applicant maintains that the ICP breached procedural fairness by denying his application for non-suit. [...] 3. There is an overall duty to act fairly by ensuring that the inquiry is carried out in a fair manner and with due regard to natural justice.
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7,486.
Rosenberg v. Canada (National Revenue) - 2015 FC 549 - 2015-04-28
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] With respect to the ground dealing with the absence of cause of action, it is well recognized that the Court will not allow a motion to strike unless it is plain and obvious that the action cannot succeed. [...] [34] Mr. Rosenberg’s last argument is that the summary application filed by the Minister in Docket T-2062-14 is not the appropriate proceeding for dealing with all of the issues raised in this case.
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7,487.
Koky v. Canada (Citizenship and Immigration) - 2011 FC 1407 - 2011-12-02
Federal Court Decisions[12] The RPD found that the Czech Republic is a democracy with free and fair elections, so the presumption of state protection is strong, following Kadenko v Canada (Minister of Citizenship and Immigration), [1996] FCJ No 1376 (FCA). [...] Even this one reference only supports the assertion that huge resources are dedicated to dealing with gang violence. [...] [54] The lack of a personal affidavit from the Applicants is not fatal in this case because the application deals with errors that are apparent on the face of the record.
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7,488.
Canada (Citizenship and Immigration) v. Obodzinsky - 2002 FCA 518 - 2002-12-20
Federal Court of Appeal DecisionsLa communication de l’avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l’intéressé. [...] the plaintiff’s statement of claim should be dismissed in part on the challenge dealing with his legal admission to Canada as a permanent resident because the alleged false representations related to the defendant’s temporary admission, not his permanent admission; [...] the plaintiff’s statement of claim should be dismissed in part on the challenge dealing with his legal admission to Canada as a permanent resident because the alleged false representations related to the defendant’s temporary admission, not his permanent admission;
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7,489.
Shilling v. Canada - 1999-06-09
Federal Court Decisions12. Q. Would it be fair to say that you consider yourself first and foremost a Native person? [...] [35] I will deal first with the general principle of interpretation. [...] An examination of the decisions bearing on these sections confirms that Indians who acquire and deal in property outside lands reserved for their use, deal with it on the same basis as all other Canadians.
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7,490.
Canada (Public Safety and Emergency Preparedness) v. J.P. - 2013 FCA 262 - 2013-11-12
Federal Court of Appeal Decisions[127] Dealing first with the justification of necessity, it is well established that it is of limited application: R. v. Latimer, 2001 SCC 1, [2001] 1 S.C.R. 3 (Latimer) at para. 27. [...] [138] In this case, it is abundantly clear that the Board member dealing with detention and release did not finally determine the issue of whether B306 was engaged or not in people smuggling. [...] [139] Moreover, there is no breach of procedural fairness in this case since the issue of B306’s involvement in people smuggling was not finally decided by the detention or release decision, and there was consequently no need for the Board member dealing with B306’s admissibility hearing to address that decision.
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7,491.
Alexion Pharmaceuticals Inc. v. Canada (Attorney General) - 2021 FCA 157 - 2021-07-29
Federal Court of Appeal Decisions[43] Yet, the Board did not appear to deal with Alexion’s submission, either expressly or implicitly. [...] It also considered costs when it said (at para. 182) that “it is fair to assume that the price in the comparator countries is set so as to cover costs”. [...] Indeed, nowhere does it grapple with the concept of “excessive pricing” or show that it had to deal with this issue of legislative interpretation as a key part of this case.
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7,492.
Democracy Watch v. Canada (Attorney General) - 2018 FCA 194 - 2018-10-26
Federal Court of Appeal DecisionsBefore turning to that issue, however, I must deal with two preliminary matters raised by counsel for the respondents, namely whether the applicant has standing to raise the substantive issue and whether this Court is seized with a reviewable matter. [...] The Office helps public office holders make formal arrangements in advance in order to avoid dealing with files that pose a real or potential conflict of interest. [...] 31(2) Le pouvoir donné à quiconque, notamment à un agent ou fonctionnaire, de prendre des mesures ou de les faire exécuter comporte les pouvoirs nécessaires à l’exercice de celui-ci.
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7,493.
ONEnergy Inc. v. The Queen - 2016 TCC 230 - 2016-10-14
Tax Court of Canada JudgmentsHe was dealing there with associational activities of the construction industry. [...] In giving a fair application to the words "in connection with" the court must remember that the words are coloured by the context of the terms of the section. [...] 22. It is fair to say, at the minimum, that the phrase “in respect of” signals an intent to convey a broad set of connections.
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7,494.
Sanchez v. Canada (Citizenship and Immigration) - 2013 FC 913 - 2013-08-29
Federal Court DecisionsThe Court was dealing with whether rehabilitation was a relevant factor when the RPD was assessing the seriousness of a crime. [...] In Febles, the Court of Appeal was dealing with the issue of whether rehabilitation was a relevant factor when assessing the seriousness of a crime, and did not consider whether the law at the time of the offence or the time of the refugee hearing ought to be applied. [...] This is because I do not think the relevant provisions of the Convention or the Act require a consideration of what is fair to claimants, or of whether there is any inconsistency.
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7,495.
Canada (Attorney General) v. Thom - 2013 FC 326 - 2013-04-02
Federal Court Decisions228. (1) L’arbitre de grief donne à chaque partie au grief l’occasion de se faire entendre. [...] In Borowski v Canada (Attorney General), [1989] 1 SCR 342 at 353 [Borowski], Justice Sopinka set out the following approach, at paragraph 16, for dealing with mootness: [...] Furthermore, this approach is consistent with the role of adjudicators to support the “fair, credible and efficient resolution of matters” as set out by the Federal Court of Appeal in Amos, above, at paragraph 44.
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7,496.
Mohawk Council of Akwesasne v. Toews - 2012 FC 1442 - 2012-12-06
Federal Court DecisionsThe MCA administers the local affairs of the Mohawks of Akwesasne and represents them in their dealings with government, including in the present proceedings. [...] [30] Justice Lebel continued in Laroche, above, by asserting that the context and the purpose of section 8 must be examined, else we “deprive it of part of its effect in numerous situations in which constitutional interests in privacy, not to mention the fundamental fairness of criminal procedure, are in issue” (Laroche, [...] 89. (1) Sous réserve des autres dispositions de la présente loi, les biens d’un Indien ou d’une bande situés sur une réserve ne peuvent pas faire l’objet d’un privilège, d’un nantissement, d’une hypothèque, d’une opposition, d’une réquisition, d’une saisie ou d’une exécution en faveur ou à la demande d’une personne autre
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7,497.
Nature's Source Inc. v. Natursource Inc. - 2012 FC 917 - 2012-07-20
Federal Court DecisionsTherefore, this decision deals with the arguments with regard to the retail services. [...] Trade-mark law rests on principles of fair dealing. It is sometimes said to hold the balance between free competition and fair competition.
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7,498.
Paradigm Ventures Inc v. The Queen - 2010 TCC 646 - 2010-12-20
Tax Court of Canada JudgmentsIt is clearly the application of section 5 then that the Court is dealing with not section 23. [...] This is fairly standard, straightforward record keeping which can be adopted by the Appellant even as it appears to carry on business. [...] Indeed, I believe it is fair to say he knew nothing of the accounts or registrations introduced into evidence.
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7,499.
Harkat (Re) - 2009 FC 1050 - 2009-10-15
Federal Court DecisionsThis report was characterized by CSIS as one of the measures taken to deal with the failure to provide full disclosure of the polygraph information to the Court (see CSIS Senior General Counsel letter dated June 4, 2009 to the Chief Justice, Appendix 2). [...] Therefore, the Court will not deal with this matter at this time. The failure to disclose [...] It is in the interests of justice and in the interests of Mr. Harkat that the reasonableness of the certificate be determined as expeditiously as possible subject only to the overarching requirements of fairness.
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7,500.
Altamimi v. The Queen - 2007 TCC 553 - 2007-09-13
Tax Court of Canada Judgments[3] The Court acknowledges both the correctness and the fairness of Crown counsel in raising items 2 and 3 above even though they do not appear to have been raised directly by the taxpayer in his notice of appeal. [...] If he did deal with them to any greater extent, that was not adequately brought out in his testimony. [...] His testimony was very confused as to whether he was dealing with a gift received by the taxpayer or a gift made by the taxpayer.